The Palatka daily news. (Palatka, Fla.) 1884-1888, 1887-06-16
THEIR OWN JUDGES.
MUST DECIDE FOR THEMSELVES.
COMMON CARRIERS UNDER THE
INTERSTATE COMMERCE LAW.
The Commissioner Oecision-The Railroads Must
be Guided by the Las Itself. not by
Special Interpretation

WASHINGTON. June 15.-The Inter
State Commerce Commission rendered
tonight its long expected decision upon
| the fourth section of the Interstate
Commerce act, which prohibits greater
charge for the transportation of passen-
gers and property over shorter than
over a longer distance in the same
direction under substantially similar
circumstances and conditions. The de-
cision is made upon the petition of the
Louisville and Nashville and other rail
road companies, which We're among the
first to apply for relief from the
operation of the fourth section
very long, comprising more than
$1,000 words, but its most important
| features Is the announcement that the
Commission, after mature considera-
ton is satisfied that the statute does not
require it to prescribe, in every instance,
the exceptional case. and grant its order
for relief before the carrier is at liberty
in its tariffs to depart from the general
rule. - The.carrier
must judge for itself what are the sub
stantially similar circumstances and
conditions which preclude a special
rate rebate or drawback, which
is made unlawful by the second
section, since no tribunal is empowered
to judge for it until after the carrier has
acted and then only for the purpose of
determining whether its action consti-
tutes a violation of the law. The car
rier judges on peril of the consequences;
but the special rate, rebate or drawback
which it grants, is not Illegal when it
turns out that the circumstances and
conditions were not such as forbid it;
and as Congress clearly intended
this, it must also, when using
the same words in the fourth
section, have intended that carrier
whose privilege was in some way linn
tied by them, should in the same way
act upon its Judgment of the limiting
circumstances and conditions"
The Commission, therefore. will not
undertake TO decide in advance what
constitutes, or what does not constitute,
discrimination '.under substantially SIM
liar circumstances and conditions" but
will leave railroad companies in fixing
their tariffs, to act upon their judgment
and at their risk, subject to accountable
| ity before the Commissioner and Courts.
in cases where complaint is made by in
terested parties of violation of the law.
| RULES FOR CARRIERS GUIDANCE.
For the guidance, however, of railroad
companies, the Commission, in its decis-
ion, has considered at length nearly all
of the questions raised under the fourth
section of the law, and has reached "A
conclusion which may be summarized as
follows:
First-That the prohibition in the
| fourth section against greater charge
| for a shorter than for a longer distance
over the same line, in the same direction.
the shorter being included within the
longer distance. as qualified therein, is
limited to cases in which the circum-
stances and conditions are substantially
similar.
Second-That the phrase under sub
stantially similar circumstances and
conditions in the fourth section, is
used in the same sense as in the second
section and under the qualified form OF
prohibition in the fourth section. Car
riers are required to judge it in the first
instance, with regard to the similarity
or dissimilarity of circumstances and
conditions that forbid or permit a greater
charge for a shorter distance.
Third-That the judgment of carriers
in respect to circumstances and condi-
tions is not final but is subject To the
authority of the Commission and of the
courts to decide whether error has been
committed. or whether the statute has
been violated; and in case of complains
for violating the fourth section of the
act the burden of proof is on the carrier
to justify any departure from the gener-
al rule prescribed by the statute by
showing that the circumstances and con-
ditions are substantially dissimilar.
Fourth-That the provisions of the
section requiring charges to be reason
able and just in Section ,, forbidding
unjust discrimination. apply when ex-
ceptional charges are made under Sec
I t.
AS TO COMPETITION.
Fifth-That lhe existence of actual
| competition. which is the controlling
force in respect to traffic. important in
amount, may make out dissimilar
circumstance and conditions, emitting
the carrier to charge less for a longer
than for a shorter haul over the same
line. in the same direction, the shorter
being included in the longer, in the fol-
lowing cases: IL When the COM
petition is with carriers by water which
are not subject to the provisions of the
statute; (2) when competition is with
foreign or other railways which are not
subject to the provisions of the statute;
(3) in rare and peculiar cases of COM
petition between railways which are sub
ject to the statute, when a strict appli-
cation of the general rule of the statute
would be the destruction of com
petition.
Sixth-The Commission further dc
cides that when greater charge. in the
aggregate, is made for the transportation
of passengers. or like kind of property.
for a shorter than for longer distance
over the same line, in the same direction,
the shorter being included i'm the longer
distance, it is not justification therefor
that the traffic, which is subjected to
such greater charge, is way or local traf-
fic, and that which is given more favor
1 II = - - .a.x